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Please read these Rules carefully. By participating in the Sweepstakes and/or submitting your Entry, you are indicating that you have read, understood and fully agree to these rules
PROMOTION PERIOD: “2012 BMW 335i” Sweepstakes entries will be accepted online starting at 12:00PM Pacific Standard Time (PST) on July 1st, 2019 and ending 11:59PM Pacific Standard Time (PST) on September 30th, 2019 (the “Promotion Period”).
1. Eligibility: Open to legal residents of the 50 United States and the District of Columnia who are, 18 years of age or older at the time of entry. Void where prohibited or restricted by law. Employees of Sponsor (the “Sponsor”), subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes (with the exclusion of Throtl Brand Ambassadors). The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
2. How to Enter: There are three ways to enter: 1) Eligible individuals who purchase a Throtl VIP membership on at www.throtl.com/get_vip will receive six (6) Sweepstakes entries per month of membership during the sweepstakes period (e.g., a membership started in July will earn 18 entries). This is limited to one membership per person. 2) Eligible Individuals can earn entries for purchasing products from www.throtl.com. During the Promotion Period you will automatically receive one (1) entry into the Sweepstakes for every $5 spent on an eligible purchase at https://www.throtl.com (the “Website”) (e.g., a $22 purchase will earn 4 entries). The number of entries you receive will be based on the list price of your eligible purchase (excludes sales tax and shipping/handling charges), less any credits or discounts. If a purchase is returned prior to the Sweepstakes drawing, entry will be voided. Your purchase transaction must be received by 11:59:59 PM PT on 9/30/19 to be eligible to receive entries. Eligible VIP Members who make a product purchase from the website during the promotion period will receive (3) entries per $5 spent, equivalent to 3x the entries of a NON VIP eligible individual. 3) To enter without purchase, print your name, address, city, state/province, zip/postal code, e-mail address, telephone number and date of birth on a 4x6 postcard (no outer envelope) and mail to: Throtl Inc, 302 Washington Street #102, San Diego, California 92103 (each postcard must be mailed individually- multiple/bulk mailings will not be accepted). Mail-in entries must be postmarked by September 30th, 2019 and received by October 3rd, 2019. Earn 3 entry per postcard. Limit of one (1) Entry per person/email address/postcard for each month of the Sweepstakes Period (3 total entries). No photo copies, facsimiles or reproductions of mail-in entry requests will be accepted. Sponsor is not responsible for late, lost, damaged, stolen, incomplete, illegible, postage due, or misdirected entries. Proof of mailing does not constitute proof of delivery. All information must be complete to be eligible. Personal information collected from entrant is used only for the purpose of the Sweepstakes and will not be re-used, sold or shared in any manner, unless entrant agrees to receive further information on Sponsor’s or prize partner’s products and promotions. Use of computer programs and/or other automated devices to enter sweepstakes is prohibited.
Only fully complete and compliant entries are eligible pursuant to these Official Rules, in Sponsor’s sole discretion. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final and binding in all respects.
3. Entry Requirements: By submitting an entry, you represent and warrant that your entry conforms to the following requirements:
4. Prizes: The Winner(s) of the Sweepstake (the “Winner”) will receive the 2012 BMW 335i (VIN #WBA3A9C54CF077846): The interior and exterior color and condition displayed in the videos/photos may differ. The winner must possess automobile insurance prior to receiving the prize. No cash or other prize substitution shall be permitted except at the Sponsor's discretion. Any costs associated with registration, taxes and licensing of the automobile are the sole responsibility of the Winner. No substitution or transfer of prize will be permitted, except by the Sponsor, who reserves the right at its sole discretion to substitute a prize with another prize of equal or greater value. This vehicle has no warranty. All other expenses associated with prize acceptance not mentioned herein are the sole responsibility of the Winner. Acceptance of prize constitutes permission for the Sponsor to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
NOTE #1: Prize car might not pass emissions testing in certain states. Winner is responsible for reviewing standards for operation of a vehicle in their state before accepting prize.
NOTE #2: Prize must be picked up from San Diego California within thirty (30) days of notification of availability from the sponsor.
NOTE #3: The Winner understands and agrees that the process will be videotaped/photographed. Rights to any prize ceremony video/photo belong solely to the Sponsor and can be used in any media at their sole discretion.
The Approximate Retail Value (“ARV”) of the 2012 BMW 335i is $14,750. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor.
5. Odds: The odds of winning depend on the number of eligible entries received.
6. Winner Selection and Notification: Winner will be selected by a random drawing under the supervision of the Sponsor on or about October 10, 2019. Winner will be notified by email within five (5) calendar days following selection of Winner. Sponsor shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within 30 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. Entries that fail to meet the Eligibility and the Entry Requirements by the end of the Promotion Period will be deemed incomplete and, at the discretion of Sponsor, may be disqualified. If a potential winner is a U.S. citizen, he/she must sign and return an IRS W-9 form within the stated time in order to claim a prize.
7. Rights Granted by You: By entering this Sweepstakes, you understand and agree that Sponsor or anyone acting on behalf of Sponsor and Sponsor's licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes. without any further compensation, notice, review, or consent. Optional verbiage for Contests: By entering this content, you represent and warrant that your entry is an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
8. Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstake should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstake. In such case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstake or website or violates these Terms & Conditions. Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstake rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstake may be a violation of criminal and civil laws. Should such attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law. Nothing contained herein shall constitute this Sweepstakes to be an arrangement for employment, a joint venture, or a partnership. In no way is a participant to be construed as the agent or to be acting as the agent of Sponsor in any respect. The value of the prize will be taxable to the winner as income. All federal, provincial, territorial, state and local taxes and any other costs and expenses associated with the acceptance and/or use of prizes not specifically provided for in these Official Rules are solely the winner’s responsibility. Winner is solely responsible for reporting and paying any and all applicable taxes. United States residents will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS. Please contact your own tax advisor for any questions concerning taxes.
9. Limitation of Liability: By entering, you agree to release and hold harmless Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Sweepstake and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
10. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE USA AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances shall you be permitted to obtain awards for, and hereby waive all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than your actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes). You further waive all rights to have damages multiplied or increased.
12. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Throtl Inc, 302 Washington Street #102, San Diego California, 92103. Requests must be received no later than 10/31/2019
13. Sponsor: The Sponsor of the Sweepstake is Throtl Inc, 302 Washington Street #102, San Diego California, 92103
This sweepstakes is no way sponsored or endorsed by BMW.